A federal judge in Texas delivered a ruling on Friday that effectively supports the Biden administration’s contentious parole program, allowing up to 30,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela to seek emergency entry into the United States each month, or 360,000 illegal aliens yearly.
U.S. District Court Judge Drew Tipton, appointed by former President Donald Trump, dismissed the challenge brought forward by 21 Republican-led states, spearheaded by Texas.
The lawsuit alleges:
- The Department of Homeland Security (DHS) has implemented a new visa program under the guise of preventing unlawful border crossings between ports of entry, allowing up to 360,000 individuals annually from Cuba, Haiti, Nicaragua, and Venezuela to be “paroled” into the United States for two years or more, with eligibility for work authorization, bypassing Congressional legislation.
- The DHS’s parole authority is highly restricted by Congress, intended for use only in urgent humanitarian cases or for significant public benefit on a case-by-case basis. The new parole program, however, enables advance authorization for entry into the U.S. without any legal basis.
- The established parole program does not comply with the legal requirements of being case-specific, addressing urgent humanitarian needs, or providing significant public benefit. Instead, it essentially creates a new visa program for hundreds of thousands of individuals without any legal right to enter the U.S., contradicting Congressional mandates.
- In creating this unauthorized program, DHS neglected to follow the required notice-and-comment rulemaking process under the Administrative Procedure Act, opting instead for unilateral action to admit numerous individuals without legal entry rights.
- Plaintiff States, including Texas, Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Tennessee, Utah, West Virginia, and Wyoming, claim substantial and irreparable harm due to DHS’s misuse of its parole authority, leading to the potential influx of hundreds of thousands more individuals into their jurisdictions.
- DHS is accused of lacking the authority to admit over a third of a million illegal aliens into the U.S. annually as proposed by this program.
- The document urges the court to prohibit, declare illegal, and nullify DHS’s unauthorized parole program.
However, the lawsuit was rejected on the grounds that the states failed to demonstrate any direct injury caused by the program, a verdict that has left critics of the regime’s immigration policies outraged.
The regime’s decision to allow such a significant number of individuals to enter the U.S. by air each month is seen as part of a broader strategy to “mitigate” the surging numbers of illegal aliens crossing the border, Reuters reported.
As of November, according to the Department of Homeland Security (DHS) statistics, approximately 234,000 people from the targeted countries had already taken advantage of the program, with the requirement of having a U.S. sponsor and arriving by air.
The Gateway Pundit has previously reported ongoing secret charter flights used by the Biden regime to transport migrants from overseas directly to various U.S. cities. CBP, under Secretary Mayorkas’s DHS, has been implicated in these secret operations, details of which have been withheld from the public, citing national security concerns.
A Freedom of Information Act (FOIA) lawsuit has failed to uncover specifics about these flights, while the Center for Immigration Studies (CIS) reports that such flights have enabled about 320,000 undocumented immigrants to enter the U.S., landing in up to 43 different airports across the nation in the past year.
Judge Tipton’s ruling pointed to a significant reduction, up to 44%, in illegal entries from these countries since the program’s inception. However, he refrained from commenting on the lawsuit’s merits, which accuses the DHS of overstepping its authority.
The ruling was applauded by Homeland Security Secretary Alejandro Mayorkas, stating, the parole program is “a key element of our efforts to address the unprecedented level of migration throughout our hemisphere.”
